Thursday, August 31, 2017

With the extreme restrictions put in Australian firearms law in 1996, those seeking firearms illegally have many avenues of obtaining them. First, the number of guns that was *not registered* provides a vast pool of factory made arms that can enter the black market. Second, the number of legal firearms offer a pool of firearms to be stolen. But of most interest is the third option: Firearms that are made in small shops, converted from existing guns, or are homemade by individuals.

The above pistol was converted from a simple single shot bolt action .22 rifle. It is simple and straightforward to make such a pistol from basic steel and wood. The machining is minimal. Rifling on such a shot barrel is not difficult if desired. From dailyadvertiser.com.au:

A JUNEE man has appeared in court after police allegedly found drugs, a shortened rifle and ammunition in a room he had booked at one of the town’s motels.

Where break open shotguns are plentiful, as in Australia, cut off shotguns are a common tool of criminals. One was recently involved in the tragic shooting of a three year old girl. The gun was illegal. The possession of the gun was illegal. The possession of the ammunition was illegal. The gun was stored in an illegal manner. It did not matter. What mattered was the person who possessed the gun illegally was irresponsible and reckless. This is the most common case where small children are accidentally killed with guns. The adults in the situation are reckless and irresponsible.

Simple slam fire blow back sub-machine guns are being made for sale in the Australian criminal market. Sometimes they include a silencer and extra magazines. From dailytelegraph.com.au:

Backyard arms trader Angelos Koots admitted making up to 100 of the perfectly constructed MAC 10 machine guns - more commonly seen in war zones and believed to have been used in Sydney gang shootings - at his Seven Hills house.

The guns, sold with two magazines and a silencer, were of such quality that during "Mythbuster" style tests alongside a genuine MAC 10 they fired 600 rounds a minute.

Guns are 14th century technology. They are easily made with simple hand tools. Pakistan and African tribesmen make reasonable duplicates AK-47 rifles in primitive shops. With cheap, easily available power machine tools and welders, any hobbyist can make effective modern firearms.

When States try to stifle demand for firearms, Criminals, more motivated than most to acquire them, find a way.

In India, handmade single shot pistols regularly sell for less than $20.

Ammunition is not a problem. Gunpowder is easily made or salvaged. Primers can be made with little difficulty or diverted from legal sources. Cases are converted from the legal market or made from scratch. Hundreds of millions of bullets are cast by hobbyists every year. Other projectiles are easily substituted.

When I arrived in Australia, one of the first stories was about how the so called "sensible gun laws" were not so "sensible" for people in rural Australia. I related the Donald Eykamp case about how interpretation of minor storage infractions lead to the confiscation of hundreds of thousands of dollars of highly collectible and historic firearms. It appears that sort of abuse has lead to reform in the firearms law. The Eykamp case is in the process of appeal. A decision from the appeals court has been due any day for the last month.

The case has been in process since March 14, 2015. At that time, the law read that any guns found in violation of the safe storage laws had to be confiscated. Donald Eykamp paid about eighteen thousand dollars of fines, and about that much in lawyers fees. On June 14th, 2016, the court ruled that the firearms should be turned over to a dealer, sold, and the proceeds given to Donald Eykamp.

The police appealed almost immediately, arguing that the judge did not have the authority to order the guns sold, and they must destroy the firearms. The appeal has been ongoing for more than a year.

In May, 2017, while the case was under appeal, the NSW government introduced a firearms reform bill that included a number of provisions. Several of those provisions involved reform of the enforcement of storage requirements. The previous law required that when a person was found in violation of safe storage requirements, the firearms had to be confiscated. The reforms allowed the police to use some judgment and to levee a fine, similar to a traffic ticket, instead. From smh.com.au:

Other changes include removing the requirement for gun owners to attend court and face a fine and/or a jail sentence for breaches of storage requirements. Instead, police will be able to issue a penalty notice.

As well, police will no longer be required to seize improperly stored firearms and ammunition if they are "satisfied that the failure has been rectified or will be rectified without delay".

The storage enforcement changes are a commonsense reform. They mean that minor violations of the law can be dealt with appropriately, rather than the draconian approach of mandatory confiscation. The Shooters and Fishers Party commented on the proposed changes:

Shooters and Fishers Party MLC Robert Borsak opposed the reclassification of lever action shotguns, but agreed that recording of addresses of people buying ammunition "only gives criminals a shopping list of where legally owned firearms are held".

He said storage control changes were "a smarter way of handling compliance amongst licensed, law-abiding firearms owners".

The proposed changes in the law passed Parliament in May. They should go into effect in November of 2017.

The Donald Eykamp case is the only one I know that challenged the police authority to decide the disposition of firearms in storage cases. A ruling is expected any day. Donald's Barrister, Bruce Donnelly, says the case may set precedent.

I expect to write more about the case as developments occur and circumstances allow.

Most fatal gun accidents involving young children in the United States involve reckless adult men who, very often, possess the gun illegally. It appears to be the same in Australia, where a three year old girl was shot and killed with an illegal sawed off shotgun, stored illegally, with illegally obtained ammunition, possessed by her father illegally.

Ironically, a member of parliament called for stricter gun control as a result of the tragic circumstances. From theaustralian.com:

The father of a three-year-old girl found with a fatal gunshot wound to her neck in western Sydney last night has been charged with breaking an apprehended violence order and a number of firearm offences.

Ali Mohammed Moussa, from Arncliffe, did not apply for bail when his charges were heard at Blacktown Local Court today, it was refused.

Officers investigating the death of the 43 year-old’s daughter allegedly found he had breached two AVOs, and had an unregistered and illegal firearm - a single-barrel sawn off shotgun - and was not keeping it secure.

An AVO in Australia is an Apprehended Violence Order, similar to a domestic Violence Restraining order in the United States. The father was also facing drug charges at the time of the shooting. It is uncertain who fired the sawed off shotgun. From msn.com:

The girl's three young brothers, all aged eight and under, her parents and another family member were home at the time.

It is not yet known who fatally pulled the trigger.

The boys are being tested for gunpowder residue. It was initially reported that the 3 year old shot herself. Possible, of course, but unlikely with three older, young brothers in the room with her.

A far left member of parliament, from the Greens party, David Shoebridge called for a tightening of the gun control laws.

"It was only three months ago that the Coalition and Labor voted in Parliament to water down safe storage laws.

"The
law used to provide that if any firearm wasn't safety stored it was
automatically confiscated, this is how the law should be. Parliament
should urgently reverse these changes."

Significantly, it was the head of police in New South Wales who pointed out the absurdity of Greens MP Shoebridge's statement.

NSW Police Minister Troy Grant said: "There is no way to ensure the safe storage of an unregistered and prohibited firearm.

"This government is committed to ensuring individuals possess their firearms within the extremely strict and robust regime we have in NSW," he said.

"Extremely strict and robust" is a good description of Australia's gun laws. They may be the most restrictive that exist in the Anglosphere. England allows replica guns without a license. Most air rifles do not require a permit in England. Silencers are easily obtained in England. New Zealand does not require gun registration, and silencers are sold over the counter to anyone with money. Canada recently repealed their long gun registry.

Gun laws have slight effect on those who pay little attention to laws in general. It has not been reported if Ali Mohammed Moussa is affiliated with a radical mosque or a criminal gang, but it is the way to bet.

Angelia Jones was shot in the lower stomach during an alleged attempted robbery at a residence on Gatewood Road. Jones managed to grab a gun from one of the suspects and fire several shots. Three men and juvenile girl took off, police said.More Here

The victim, 18, told police he was parked in the 1100 block of Lucas Avenue about 3 a.m. Saturday when two men approached and started a fight, the department said in a summary of the incident. The two attackers punched and kicked the victim.

The victim grabbed his gun and fired at the attackers. They ran off, but the victim lost his gun in the encounter. He wasn't sure if he hit the attackers, he told police.

Wednesday, August 30, 2017

At the Sporting Shooters Association of Australia (SSAA) Shot Show in Brisbane, Australia, the Warwick Firearms booth was just inside the entrance. It attracted heavy interest throughout the show. The Warwick rifles have a very strong resemblance to the AR-15 family of firearms. Inside the upper receiver, the resemblance ends.

The Warwick rifles are straight pull bolt action guns, with spring assisted return springs. The action is simple to operate. Pull the left hand bolt handle back, release it, then squeeze the trigger. That fires the rifle. To chamber the next round, pull the left hand bolt handle back, and release it. A round will be chambered, and you are ready for your next shot. The bolt handle reciprocates back and forth with the bolt carrier.

The rifles are currently chambered in .223 and .30 BLK. Production is about six months behind demand. There have been some issues in getting the CNC machines to produce the product to the standard demanded by the company. Many of the parts are produced in Australia. The barrels start off as blanks made in America, and finished in Australia. The bolts are similar to AR-15 bolts, but do not have gas rings. The bolt carrier is completely different.

The price for the Warwick rifles is high by American standards. But just about everything in Australia is high compared to the United States. Gasoline is $1.29 per liter Australian or $5 (U.S.)per gallon.

The basic suggested retail price for a Warwick is $2,550 Australian. That translates to $1,989 American. Then the Australian GST of 10% has to be added. From warwickfirearms.com.au:

The category B license is about the easiest firearms license to obtain in Australia. Both A and B licenses rate about the same. A licenses are essentially all manually operated centerfire rifles, with everything from single shot and double rifles to straight pull bolt actions and pump actions included. From nsw.gov.au:

Scott Warwick hopes that the production hiccups will be overcome in time to catch up with demand in about six months. He has about 100 rifles fielded now, and orders for about another 300. I told him he should expect to sell thousands, if the rifles perform well.

The rifles are another technological response to the extremely strict Australian gun laws. Australians are a very law-abiding group. They are patiently following the law and working within the system to make the laws more reasonable. It is working, but there are sticking points.

The Warwick has not been "approved" by the New South Wales registry. Scott told me he was told the reason was strictly cosmetic. The rifle simply "looks" "too military".

An obvious response, once production is up and meeting demand, is to design a variant that has a different look. Perhaps more of an M1 carbine look, or similar.

Warwick firearms is making a place for itself in the Australian landscape. If they cure their production problems, they will make a lot of rifles and a lot of money.

In June of 2016, a 53 year old truck driver, Guy A. Smith was arrested for having a loaded revolver in the cab of his truck. Smith did not have a Wisconsin concealed carry permit. He held that he did not need one. The Wisconsin Constitution is very clear. The arrest took place in Kenosha, Wisconsin.

In 1998, the people of Wisconsin voted for Constitutional Carry in a
state referendum amending the state constitution. The amendment, which
created Article I, Section 25, is very clear. It received 74% of the
vote. From Article I Section 25:

The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

Smith and his attorney insisted on a Jury trial. Kudos to Wisconsin Carry for assisting with the case. The defense used a Constitutionality defense from the start, and showed that it is not illegal, under Wisconsin law, to carry a loaded handgun in a vehicle. The statue on transport of weapons says:

" ... no person may place, possess, or transport a firearm, bow, or
crossbow in or on a vehicle, unless one of the following applies: 1. The
firearm is unloaded or is a handgun."

The prosecuting attorney, Thomas Binger, stated that the law could not mean what it said, because it would invalidate the Wisconsin statute on concealed carry. The Judge corrected the attorney, noting that it would only invalidate the statute "in cars". From jsonline.com:

The defense position "would suggest anyone without a permit can drive around with a loaded weapon in the vehicle," Binger said. "I decline to read the statute so broadly." He said Wisconsin's concealed carry law, Act 35, would have no meaning.

"No meaning in cars," Circuit Judge Bruce Schroeder clarified.

The case was scheduled to go to trial, starting with jury selection on August 28, 2017. On 28 August, 2017, before jury selection began, the State, in the person of attorney Thomas Binger, asked that the case be dismissed and the defendant acquitted. From wicourts.gov:

Kenosha County Case Number 2016CM000842 State of Wisconsin vs. Guy A Smith

All charges against Guy A Smith in this case have been dismissed. These charges were not proven and have no legal effect. Guy A Smith is presumed innocent.

This means that there will not be a legal precedent from the case. The Supreme
Court will not have a chance to clarify that Article 1, Section 25 of
the Wisconsin Constitution, ratified by 74% of the voters, actually
means what it says.

But the case is known, and will have an effect. More people will exercise their Constitutional rights. More cases will come before the courts.

It is clear the case against Mr. Smith should never have been brought. How many people have plea bargained a guilty verdict because they did not have the moral courage of Mr. Smith, or the intestinal fortitude to push the case to a jury trial? How many took plea bargains because they expected the courts to ignore the State Constitution, the law, and simple justice? How many took plea bargains because they did not have the means to fight the case competently?

The prosecutor should have known this was a lost case from the beginning. Perhaps they did. If they did not, they show a distinct lack of competence.

It appears the prosecution chose to exercise punishment by process. It cost considerable time and money for Mr. Smith to challenge the unjust prosecution. He took a considerable risk that ideologically driven judges would ignore the Constitution and the law. It has happened before.

Perhaps Mr. Smith can recoup some losses with a wrongful arrest lawsuit. Perhaps not. It has happened before in Wisconsin.

A suspect is still on the run after he allegedly tried to break into a St. Helena Island home Monday morning and was subsequently shot at by the resident, whose teenaged son was home at the time, according to the Beaufort County Sheriff’s Office.

Jamaal Marquie Mays has been charged with aggravated first-degree robbery, illegal possession of a firearm and firearm violation in connection with the Aug. 17 incident.

According to the charges, Inver Grove Heights police were called at about 11 a.m. to the Verizon Wireless store on a report of a robbery in progress. When officers arrived, they spoke with a store employee who told them he shot one of the robbery suspects in self-defense and put his gun and the suspect’s gun on a window ledge.

The employee also showed officers he has a permit to carry a weapon. Officers located the suspect, identified as Mays, inside the store. He had been shot twice and was taken to Regions Hospital.More Here

According to police reports, the incident began around 2:45 a.m., Wednesday, August 23, as troopers went to the first block of Moose Lodge Road after a 911 call was received reporting a home invasion with four men involved.

Troopers learned one of the suspects had forced his way into the home and started a struggle with an elderly resident. During the fight, the elderly man was injured but still was able to get his hands on a gun and fire a single shot.

Although the round went into the floor, it apparently scared the home invaders enough that they took the weapon and ran away.More Here

The dog owner, a 62-year-old man, and his friend are being treated at the hospital. The man is in critical but stable condition and the 40-year-old woman is in critical condition.

Nicholas Reed, a neighbor, said he heard the homeowner and his friend screaming during the attack.

"On the porch, being eaten to death by their dogs. And it freaked me out. I didn't know what to do. I wasn't going to go in the gate, because I didn't want to get attacked myself," he said.

So Reed ran home and grabbed his shotgun. He said the homeowner and the woman begged him to shoot the dogs.

"I told them to protect themselves, and they covered up, and I shot my shotgun and shot one of the dogs. And it caused the other dogs to leave them and quit attacking them," Reed said. "I don't know if they're going to make it or not, but it was pretty traumatizing on me."More Here

Tuesday, August 29, 2017

Protesters in Milwaukee want repeal of the Second Amendment. The signs at the NRA Carry Guard Expo show the intentions of those who want a disarmed society. They are not talking half measures. They want to repeal the existing Constitutional right. At Milwaukee, they did not make much of an impression. From fox6now.com:

Inside the Wisconsin Center in downtown Milwaukee, thousands are learning from instructors, and checking out new products at the expo. Outside the convention center, a small group gathered in opposition.

"We don't need a provision in our constitution saying anyone has a right to have a gun," said Lee Goodman, Peaceful Communities.

The stood holding signs, protesting guns and the NRA.

"The more guns out there, the more violence there will be and it's never going to stop, never going to stop," said Linda Raciti, demonstrator.

What the cameras did not catch were the open carriers demonstrating in favor of open carry. A trusted source noted that there were a number of open carriers at the event. I have spoken to the writer. I have known the person he is referring to for many years. From opencarry.org:

A friend of mine went to down town Milwaukee to the NRA Carry Guard Expo.

As he was talking with some friends a on duty MPD officer came in and started talking with one of the group that the officer obviously knew.

The officer was discussing the counter protestors out side and said that there were about 50 of them in one area.

Then he said there were two open carriers across the street with pistols and rifles.

My friend was carrying as were the people he was talking too.

He reported no anti gun signs and he saw other people carrying also.

My what a change from a few years ago when Milwaukee's mayor and police chief said open carriers would be treated as criminals and spread eagled on the ground any time they were seen.

He said there was a good turn out last evening and was going back today with his 79yoa mother who wanted to go.

"My message to my troops is if you see anybody carrying a gun on the
streets of Milwaukee, we'll put them on the ground, take the gun away
and then decide whether you have a right to carry it."

I do not know of any incidents where Chief Flynn's "troops" carried out
his threat; even a Milwaukee Police Chief seems to know when to back
down.

Too bad no one has found pictures of the open carriers at the expo. They may yet surface. But open carry has come a long way when they do not make the news at a national NRA event.

Police in Milwaukee no longer pretend the Second Amendment to the Constitution does not exist. The comments of the officer overheard in Milwaukee show that the exercise of Second Amendment rights has been accepted by the police in Wisconsin.

The incident reportedly happened around 4 p.m. at Old Scenic Hwy. and Groom Rd. in Baker. EBRSO officials say a man walked into the Baker Police Department after shooting another man in the leg. He says the man he shot was trying to rob him.

The intruder, identified as 31-year-old Kenneth Fish, began running
through the house as the owner retrieved an unloaded rifle. Fish ran out
a sliding door but stopped on the patio when the woman cocked the gun.
According to a police report, Fish begged them to let him go, but the
residents instructed him to empty his pockets and lie down with his
hands behind his head while they called police.

Monday, August 28, 2017

While attending the SSAA Shot Show in Brisbane, Australia, I met a shooter who related his experiences on a cattle station in northern Queensland. He did not wish to be identified, but his story was convincing. There was some documentation and corroboration. I will call him Jeff.

About a decade ago, Jeff was involved in the development of a cattle station of over a hundred thousand acres, with thousands of cattle. In addition to the cattle, they grew crops. The station was remote. It was described as having considerable area where no European had ever been known to have set foot. Attempting to make a living on the station was a constant battle with nature and the elements.

Wild pigs were numerous and did extensive damage. Crop losses were estimated at 20%, about $300,000 a year. Birds did enormous damage to the sorghum crop. To control the bird damage, Jeff used a pair of Stirling .22 bolt action rifles, buying ammunition by the case (5,000) regularly. He said that he became quite a good shot with that sort of practice.

He used a surplus .303 Lee-Enfield for pig control. The bolt gun was too slow, with too small of a magazine capacity, especially for shooting from a vehicle. It took Jeff two years to obtain a permit to acquire a semi-automatic centerfire rifle. Then it took him three months to find one for sale. He bought the first one that was available. It was a Chinese version of the SKS carbine, that uses the AK-47 type magazines, in 7.62X39. It proved to be a good choice. Jeff said that you purchased the ammunition that was in the store, and there was not a wide variety available.

Jeff described riding in a vehicle and seeing a dark line in the distance. It was a herd of over a hundred pigs. They were more than a kilometer from cover. With the SKS and a 30 round magazine, Jeff was able to cull a large number, shooting as a passenger while racing the pigs to cover.

In heavy cover, one day, he shot a boar which charged him and his companions. He was able to deliver fast, accurate fire from the SKS to stop the attack. He estimated the boar's weight at 120 kilos, or 260 pounds.

Wild horses were numerous and a problem, doing considerable damage. The stallions could be aggressive. Jeff did not always carry the SKS or the Lee-Enfield on his surveying expeditions, where he was normally afoot.

One day he was treed by a wild stallion. After that, he was able to obtain a permit to carry a pistol with him on the cattle station. It was a .38 Taurus with an 8 inch barrel.

Eventually the losses from wild animals, birds, and unpredictable drought brought an end to the attempt at running the station. It was sold at close to break even.

Semi-automatic rifles were only allowed a permit for a year at a time. Two days after his semi-automatic permit expired, a pair of police were at Jeff's door. He was able to have the rifle stored at a gun store, but was unable to obtain an extension on the permit. A few months later, Queensland had one of their gun amnesties/turn in events. On top of the pile of turned in rifles was an SKS variant that looked exactly like the rifle that Jeff had owned. He believes the gun store turned the rifle in to avoid problems with the authorities. Jeff could no longer legally possess the rifle. The government never compensated him for it. When firearms may no longer be possessed, they can be stored at a gun shop. The gun shops generally charge about $25 to $35 per week. In only a few months, the entire value of the gun is eroded.

Because of the strict registration system, guns in Australia are only allowed to be possessed. If the government decides you no longer qualify, you may no longer possess the firearm, even if you still own it. The Donald Eykamp case may decide if you can be allowed to sell the guns and obtain the proceeds, even if ordered by a court.

Jeff still owns the Stirling bolt action .22 rifles, the Lee-Enfield, and the Taurus revolver. The revolver is in storage while he applies for a renewed permit. He will have to join a club and shoot in at least four competitions a year to maintain his pistol permit.

Permits are obtainable. They are more easily obtainable if you are operating a hundred thousand plus acre cattle station.

Just before 8 p.m. on Aug. 13, Stanley Laybourn, who is disabled and partially paralyzed, was “forcefully pushed” into a planting pot by Leyton Laybourn. While on the ground, Stanley Laybourn shot his son once in self-defense, the release said.More Here

Sunday, August 27, 2017

A white man killed Robinson and wounded Kennedy after they kidnapped him, robbed him, and threatened to rape and kill his wife.

The Marshal project claims to be non-partisan. It admits that it is not neutral. In a recent report, it shows that more justifiable homicides are committed by whites against black attackers than the national average. The report implies that this is because of institutionalized racism.

Three things stand out from the report. It is obsessed with racial disparities, with the strong implication that they are caused by institutionalized racism, particularly white racism. It ignores previous research showing that the FBI statistics represent only a small fraction of justifiable homicides. And, it misrepresents the criteria for a homicide to be considered justifiable in the FBI reporting system. From themarshalproject.org:

In almost 17 percent of cases when a black man was killed by a non-Hispanic white civilian over the last three decades, the killing was categorized as justifiable, which is the term used when a police officer or a civilian kills someone committing a crime or in self-defense. Overall, the police classify fewer than 2 percent of homicides committed by civilians as justifiable.

The disparity persists across different cities, different ages, different weapons and different relationships between killer and victim.

To understand the gaps, The Marshall Project obtained dozens of data sets from the Federal Bureau of Investigation and examined various combinations of killer and victim. Two types of “justifiable homicide” are noted: “felon killed by private citizen” or “felon killed by police officer.” (In a bit of circular logic, the person killed is presumptively classified as a felon, since the homicide could be justified only if a life was threatened, which is a crime.)

The use of quotes around "justifiable homicide" in the report is telling. It is possible that racism is a component in the disparity of the
number of justifiable homicides where white people justifiably kill
black people. But racism works both ways. There are numerous "hate whitey" threads in current urban black culture. An obvious alternative is that black men are far more
likely to commit crimes that justify homicide against them by white
people than white men are to commit crimes that justify homicide against
them by black people.

In 2012, there were 5.6 times as much violence committed by blacks against whites as compared to violence committed by whites against blacks. From cityjournal.org:

In
2012, blacks committed 560,600 acts of violence against whites, and
whites committed 99,403 acts of violence against blacks, according to
data from the National Crime Victimization Survey provided to the
author:

The Marshall Project found that after
adjustments, white on black homicides were found to be 4.7 times as
likely to be justified as the average. That number is remarkable close the the disparity of black crime against white people.

Even after
adjusting for the ages of the killer and victim, their relationship and
the weapon used, the likelihood of a white-on-black-male case being
called justifiable was still 4.7 times higher than in other cases.

The Marshall Project report is marred by using only FBI Uniform Crime Reports (UCR) on justifiable homicides. Justifiable homicides recorded by the FBI system are known to be a fraction of the justifiable homicides that occur. Both Clayton Cramer and Gary Kleck have found that FBI UCR reports only catch about 1/5 of justifiable homicides. The Marshal Project report minimizes this elephant in the room by admitting that:

For instance, Trayvon Martin’s death is listed as simply “other,” not as “justifiable,” though his killer was later tried and acquitted. That could mean that “justifiable” cases of all kinds are underreported.

Again, notice the quotes around "justifiable", even though a jury found that the killing of Treyvon Martin was justifiable. This happened in spite of the heavy hand of the media, and significant political pressure to convict George Zimmerman long before the facts of the case were heard.

The FBI only accepts justified homicides that occur during the commission of another crime. The Marshal Project authors call that "a bit of circular logic". They are wrong. The FBI uses an extremely limited definition of justifiable homicide. From the UCR Handbook04(PDF), page 17:

NOTE: Justifiable homicide, by definition, occurs in conjunction
with other offenses.
Therefore,
the crime being committed when the justifiable homicide took
place must be reported as a separate offense. Reporting agencies should
take care to ensure that they do not classify a killing as justifiable
or excusable solely on the claims of self-defense or on the action of a
coroner, prosecutor, grand jury, or court.

The following scenario illustrates an incident known to law
enforcement that reporting agencies would not consider Justifiable
Homicide:

17. While playing cards, two men got into an argument. The first man
attacked the second with a broken bottle. The second man pulled a gun
and killed his attacker. The police arrested the shooter; he claimed
self-defense.

The UCR even goes so far as to direct reporting agencies *not*
to take into account the findings of coroners, prosecutors, grand
juries or courts about whether a homicide is justifiable or not; only
the FBI's extremely limited definition is to be used. In contradiction to the reporting in the Marshal report, it is unlikely that someone who was justifiably killed in self defense will be recorded as committing a separate crime during the attack. There is no reason to do so. The attacker will not be charged. They are dead. This is likely a major reason why the FBI reports of justifiable homicide are so low.

In summary, the Marshal report ignores the possibility of black racism as a motive for a larger number of black attacks. It ignores the limits of the FBI Uniform Crime Reports of justified homicides. It ignores the fact of much larger numbers of violent crime committed by blacks that would justify defensive homicides.

All of those factors do a better job of explaining the disparity of justifiable homicides of whites against blacks than do "institutional racism".

When they arrived, they found an 18-year-old had been shot by the car's owner in his lower body after allegedly breaking into a car.

The teen was taken to University Medical Center for treatment of a gunshot wound. EPPD expects to file charges against him in connection with the car burglary case. The man who shot the teen is not currently expected to face any charges.More Here

Saturday, August 26, 2017

The SSAA (Sporting Shooters Association of Australia) has a Shot Show in Brisbane, Queensland on 26-27 August, 2017. Australia is a day ahead of the United States, because of the international date line.

Media are required to wear the florescent vest pictured. In the United States, Media are vetted before either the NSSF Shot Show or the NRA Annual Meeting. At the Australia Show, there is vetting, but the vest is also required.

The Australian Shot show differs in a number of ways from its American cousins. As you might expect, it is smaller. Australia only has 7 percent of the number of people that America does, for a continent the same size as the lower 48 states. In the United States, the Shot Show is for industry people, at least people that can show a relationship to the industry. Before I started writing full time, I attended the show as a firearms trainer and Federal Firearms License holder.

The SSAA Shot Show is not small. The SSAA is similar to the American NRA, without the Second Amendment. Last year, the SSAA Shot Show had over 12,000 attendees. For comparison, the American Shot Show had about 65,000 attendees in Las Vegas, and the NRA Annual Meeting had a bit over 81,000 members show up in Atlanta in 2017.

The SSAA Shot Show is a bit closer in flavor to the American Shot Show. As a percentage of the population, the SSAA show has a higher percentage of attendees than either the American Shot Show or the NRA Annual Meeting.

At this years show in Brisbane there were over 130 exhibitors, many with multiple tables and displays, spread over two floors of the RNA Brisbane Showgrounds.From shotexpo.com.au:

The SSAA SHOT Expo is Australia’s premier event for the Sports Shooting Industry and showcases shooting, hunting and outdoor trades to enthusiasts, those wishing to participate in the sport and the general public with the view of improving public awareness, professionalism and safety.

The Sporting Shooter’s Association of Australia is the nation’s biggest organisation for sporting shooters and is proud to bring such an exciting event to members and those interested in the sport to your city.

There was a long line to get into the show this morning, and the event was crowded. The air rifle gallery sponsored by the SSAA was very popular, as were the other exhibits. The Queensland Police Weapons and Licensing booth was busy as well.

Unlike the U.S., which has a single, annual event, the SSAA Shot Shows are held in multiple cities around the Country. Sydney will host the next Shot Show in 301 days, on June 23-24. Then Perth will have another show 401 days from now in October of 2018, followed by a show in Melbourne in May of 2019.

At the Brisbane show, attendees may handle firearms if they are directly supervised by a person with a proper firearms license. At the show, a staff member at one of the displays told me that all their staff are properly licensed, so as to allow people to handle a firearm under their supervision.

The Barn is a popular firearms and outdoor shop in Oakley, Queensland, Australia. At the Shot Show in Brisbane, the counter was crowded with attendees.

As with the United States show, no live ammunition is available at the firearms displays.

A major difference is that no handguns may be handled. They require a much different license.

The Australian gun culture is alive and well, and learning to live with some of the most restrictive gun laws in Western civilization.

In Wrenn v D.C., the D.C. Court of appeals ruled that the right to keep and bear arms applied outside of the home. The majority opinion in the three judge panel was well written. One option of the District of Columbia was to ask for an en banc hearing, where all the courts judges would hear the case, instead of the three judge panel that made the decision. As expected, the district has exercised its option to ask for an en banc hearing. From saf.org:

BELLEVUE, WA – The District of Columbia has filed an appeal with the U.S. District Court of Appeals requesting an en banc hearing in a case recently won by the Second Amendment Foundation that struck down the “good reason” requirement for obtaining a concealed carry permit. The case is Wrenn v. District of Columbia. “The Second Amendment Foundation expected the City of Washington, DC to file this appeal in an attempt to try to overturn our court victory that said their virtual ban on the right to carry a firearm for self-protection was unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb.

A decision on the request is normally given in seven days. There are 11 active and 5 senior judges on the D.C. District Court of Appeals. If the request for the en banc hearing is accepted, 6 active judges need to vote to accept the request. There were two active judges on the three judge panel. One voted for the decision and 1 voted against it. The senior judge on the panel was in the majority.

The D.C. Circuit only grants en banc review to .2% of the cases it hears. The arguments in Wrenn are clear and convincing. But the case could be considered so important that an en ban review is justified. From From the decision:

Our
first question is whether the Amendment’s “core” extends to publicly
carrying guns for self-defense. The District argues that it does not,
citing Heller I’s observation that “the need for defense of self,
family, and property is most acute” in the home. Id. at 628. But the
fact that the need for self-defense is most pressing in the home doesn’t
mean that self-defense at home is the only right at the Amendment’s
core. After all, the Amendment’s “core lawful purpose” is self-defense,
id. at 630, and the need for that might arise beyond as well as within
the home. Moreover, the Amendment’s text protects the right to “bear”as
well as “keep”arms. For both reasons, it’s more natural to view the
Amendment’s core as including a law-abiding citizen’s right to carry
common firearms for self-defense beyond the home (subject again to
relevant “longstanding” regulations like bans on carrying “in sensitive
places”). Id. at 626.

This reading finds support in
parts of Heller I that speak louder than the Court’s aside about where
the need for guns is “most acute.” That remark appears when Heller I
turns to the particular ban on possession at issue there. By then the
Court has spent over fifty pages giving independent and seemingly equal
treatments to the right to “keep” and to “bear,” first defining those
“phrases” and then teasing out their implications. See id. at 570-628.
In that long preliminary analysis, the Court elaborates that to “bear”
means to “‘wear, bear, or carry . . . upon the person or in the clothing
or in a pocket, for the purpose . . . of being armed and ready for
offensive or defensive action in a case of conflict with another
person.’” Id. at 584 (quoting Muscarello v. United States, 524 U.S. 125,
143 (1998) (Ginsburg, J., dissenting)). That definition shows that the
Amendment’s core must span, in the Court’s own words, the “right to
possess and carry weapons in case of confrontation.” Id. at 592
(emphasis added).

We should know if the Circuit grants review in a week. If they do not grant an en banc review, expect the District of Columbia to appeal the case to the Supreme Court.

The following statement was issued this morning by Archuleta County Undersheriff Tonya Hamilton: “On August 23rd, 2017, at approximately 10:47 pm, Dispatch received a call from an unnamed male subject claiming that he had just shot an intruder on his neighbor’s property approximately 20 miles West on Highway 160 and he believed the subject to be deceased.More Here

The victim told police he attempted to grab his gun in self-defense as one of men fired his weapon which struck the victim's car. At this time, the victim said he jumped out of the car and began chasing the two men, as they both fired there weapons at each other.

The victim sustained minor injuries on his hands and feet.

Police searched the area for the suspects but were unable to locate them. They did, however, recover the suspect's gun, the laptop, and the victim's money.

A homeowner in Johnson City exchanged gunfire with a suspected robber, leaving both men wounded, police reported.

The incident took place at a home in the 2200 block of Signal Drive late Sunday evening. It was after midnight when officers arrived and found the homeowner on the floor with a gunshot wound to the torso, the report said.More Here

Friday, August 25, 2017

Lakeview resident Gino Ascani, a man who's been active in crime initiatives in Lakeview, said his wife spotted what was going on via their cameras. That's when Ascani jumped out of bed, grabbed his assault rifle and followed the suspects down his street at Gen. Haig Street near Walker Street.

The homeowner said he called for police, who were en route, then he said he yelled for the suspects to freeze and put their hands in the air.More Here

Williams allegedly shoved Simco’s pregnant girlfriend, and as a response Simco went and got a gun.

The fight continued outside the apartment complex, where police say Williams was shot. Shores said after being shot in the head, Williams ran nearly a mile and a half from the scene to the football field where officers found him. “The bullet entered his forehead, and exited out of the top of his head,” Shores said.

Shores said Simco was booked into Murray County jail on charges of assault and battery with a deadly weapon. Shores said he has since been released. Shores said he thinks Simco was released because he claimed the shooting was self defense.

Thursday, August 24, 2017

At an antique show in New South Wales, these 1850 era pocket pistols were for sale. The concept of small concealable pistols started as early as the late 1700's. From ctmuzzleloaders.com:

From the Eighteenth Century on there were huge numbers of small, concealable pistols manufactured in England and on the Continent. The smaller ones were described as "Muff Pistols" because they were often concealed in a lady's muff, although they could also be slipped inside a Gentleman's pocket (and Gentlemen used muffs too).

The pocket pistol came into vogue about the same time as Australia was being colonized by England. It is not surprising that numbers of small, concealable muzzleloading pocket pistols would show up in Australian antique shows. Australian law defines guns made before 1900 as antique "non-guns" *if* they do not use fixed ammunition or *if* ammunition for them is not available commercially.

These percussion muff and "miner" pocket pistols fit that definition. Note the prices are fairly high by American standards. The muff pistol, by a known maker is listed at $1950 Australian, while the "miner" pistol is listed at $1350. Take off 20% to U.S. dollars.

Reproductions made after 1900 are considered to be real guns, and are regulated just like modern cartridge pistols. I have been told that a firearms license is required to purchase black powder or percussion caps.

Long guns have the same treatment.

The long guns shown are a percussion double barreled fowling piece, top, a Percussion musket, middle, and a Snyder conversion, to a .50 caliber rook rifle below it. Swords require a license in Victoria.

I am sure that no commercial ammunition is made for the Snyder conversion.

An antique seller told me that there used to be three or more tables devoted to antique guns at this show. Now there is only one. Fear of violating one of the firearm laws rules was listed as a factor.

Australian are interested in muzzleloading firearms for sport and hunting. They are required to obtain a firearms license to fire those guns. The Sport Shooting Association of Australia has a muzzleloader group. All legal firearms commerce is required to go through firearms shops that are strictly regulated.

There is uncertainty about whether actual antiques, such as the above, must be stored in locked metal safes. Some police have not made much of a distinction when making firearms arrests.Donald Eykamp had several original Colt percussion revolvers confiscated as part of his collection on "unsafe storage" charges. Fines have been paid, but the disposition of the firearms are being decided at the appeals court level. The police insist on destroying the collection, valued at $150,000. The original court ruled the firearms could be sold, and the proceeds returned to the owner. The police appealed the ruling.

In 2008, the Florida Legislature passed the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008” and the Governor signed it into law. The Act protected the rights of people in Florida to keep and carry arms in their private vehicles. An Uber driver in Florida has filed a class action lawsuit against Uber based on the 2008 law. The lawsuit contends that it is acting in the interest of the class of Uber drivers. From the lawsuit:

All those possessing a license to carry concealed weapon or firearm and offering transportation services through Uber within the State of Florida from the date this Complaint is filed through the date class notice is disseminated, excluding Defendant; the officers, directors, or employees of Defendant; any entity in which Defendant has a controlling interest; and any affiliate, legal representative, heir, or assign of Defendant. Also excluded are those who assert claims for personal injury as well as any federal, state, or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, and any juror assigned to this action.

The legislature made its intent clear. It is what the lawsuit is based on. The question is, how much can a member of a contract change the rules of the contract to require an abrogation of Constitutional rights? A Mississippi law protecting the rights of employees to have a firearm in their vehicle was upheld in the Mississippi Supreme Court in 2016. The decision was upheld by the U.S. Court of Appeals in the Fifth Circuit(pdf).

(3) Legislative intent; findings.--This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the Legislature that a citizen's lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by state or federal law.

Uber announced its anti-Second Amendment policy after Uber driver John Hendricks stopped a mass shooting by using his legal concealed carry firearm. Hendricks was widely hailed as a hero. The Chicago Police Department gave Hendricks his gun back after investigating the incident. Several Uber drivers have appeared in the news after using private guns to defend themselves and others.

Mississippi has to be counted as one of the most Second Amendment friendly states in the Union. In 2016, Mississippi became the 9th "Constitutional Carry" state in the United States. Now there are 13 or 14 states where a non-felon can carry a firearm, openly or concealed, in most public places without a government permit.

But Mississippi has gone further. The state enacted a tax holiday in 2014 so that people can buy firearms, ammunition and hunting supplies without having to pay the states 7% sales tax. This year, in 2017, the tax holiday starts on 12:01 A.M. Friday, August 25th, and ends on 12:00 Midnight Sunday, August 27, 2017. That is nicely in time to stock up for the fall hunting season. From clarionledger.com:

The tax exemption this weekend applies to guns — including rifles, shotguns, pistols and revolvers — scopes and mounts, most archery equipment, ammunition and slings and gun cases. It does not apply to hunting clothing and shoes, binoculars, gun safes or hunting stands or blinds. (See entire list below).

Sarotte said there is sometimes a bit of confusion on what's exempt. For instance, as mentioned above, gun safes are not.

Jeff Duncan with The Gun Exchange in Olive Branch said the first round was a huge success and he expects this year to be even better.

"The day that the sales tax weekend started it was like Black Friday all over again," Duncan said.

Louisiana also has a tax holiday to honor the Second Amendment. Bills have been considered in Arkansas, Tennessee, and in Texas.

Second Amendment purists say that guns and ammunition should never be taxed, because taxation chills the exercise of Second Amendment rights. The Supreme Court has held that taxation aimed at a specific Constitutional right is not legitimate, but that general taxes that apply to all businesses are acceptable.

The Wagoner County Oklahoma Sheriff's office held an auction of guns from its property room on 19 August, 2017. For a segment of the gun auction, the auctioneer was a boy, about 12 years old. He does an excellent job. You may have to scroll down the facebook page a bit to see the video.

The firearms went for surprisingly low prices, compared to most gun auctions that I have seen. The Marlin .22 rifles went for about $100, and Browning patent Auto-5 type shotgun only brought $200.

It is fun to watch a room full of Oklahoma residents bid on a bunch of guns being auctioned off from a Sheriff's property room. By a 12 year old boy.

The Sheriff had about 300 guns collected in the property room over the last 30 years. The guns ranged from a WWII .30 caliber carbine, to a semi-auto version of the Thompson sub-machine gun, to Marlins, Remingtons, Winchesters and a host of smaller, lesser known brands. There were about 120 pistols, from Glocks and Smith & Wessons to Rohm revolvers and Davis Derringers.

The total proceeds from the auction has not been announced yet, but is expected to be about $50,000. The proceeds will be used to purchase new equipment for the Sheriffs office.

Some political police department a still following the old, superstitious practice of destroying guns that are unclaimed property, forfeited, or turned in to peace officers. A number of states, including Arizona have banned the practice, so that valuable resources can be used for the benefit of the taxpayers. The Arizona Supreme court recently ruled that the City of Tucson could not ignore the state law, and must sell the legal firearms rather than pay to have them destroyed.

A list of the guns that were sold can be seen at this website. It may not be kept up for long, and there are a number of misspelled brand names.

WAXAHACHIE — An Ellis County jury sentenced a 37-year-old Ovilla man who was shot by a homeowner while attempting to burglarize the home to 99 years in prison on Friday.

(snip)

“As was her custom, the victim did not answer the door when she was home
alone. After twice ringing the front doorbell, Sinyard made his way
into the backyard to the patio door of the home where he began pounding
on the door and jiggling the door handle,” an ECDA release states.
“After hearing the doorbell and seeing a silhouette move to the rear of
her home, the victim called the Ellis County Sheriff’s Office and armed
herself with a pistol.“

“Under the circumstances, we had them take care of it,” said Medley. “The man who fired the shots was brought in for questioning and then released. All of our deaths are investigated as a homicide and then it is up to the prosecutor.”

Medley said it looks like self-defense, but that is up to the prosecuting attorney to decide after looking at all the evidence.More Here

Wednesday, August 23, 2017

A man who shot a judge in an "ambush-style" attack outside an Ohio courthouse was killed when the judge and a probation officer returned fire, authorities said Monday.

Common Pleas Judge Joseph J. Bruzzese Jr. was shot about 8 a.m. outside the Jefferson County Courthouse in Steubenville, about 40 miles west of Pittsburgh, Jefferson County Sheriff Fred Abdalla said. The judge was hospitalized but his condition not released.

Tuesday, August 22, 2017

When people have guns, there will be some gun accidents. When people have cars, there will be some car accidents. The number of gun accidents in the United States is at an all time low, with the rate of fatal gun accidents being reduced by 94% over the last 85 years. Most of the reduction can be attributed to firearms education, safer guns, and a switch from keeping long guns to handguns for self defense (long guns are more lethal, generally).

Most fatal gun accidents are caused by young males who are reckless in their life style. Many have a long history of criminality, violence, and other reckless behavior.

Jelani Faulk fits the profile. He was involved in a gun accident on a bus in Madison, Wisconsin on 16 August, 2017. He shot himself in the groin, with the 9mm bullet passing through his penis and one testicle.

Guns, especially modern pistols, do not "just go off". Something has to press the trigger when the safeties are disengaged. Almost all accidental shootings occur with a finger on the trigger. From madison.com:

Jelani Faulk, 21, was booked into the Dane County Jail on a tentative charge of being a felon in possession of a firearm. He also is wanted on an extradition warrant from Hennepin County, Minnesota.

Faulk shot himself while on a Megabus going from Minneapolis to Chicago with a stop in Madison. He had a loaded handgun in his pants waistband.

Faulk rushed to the restroom on the bus while 911 was called and put the handgun in the toilet before getting off the bus, police said.

Criminals do not like to use holsters to carry guns. The reason is simple: if they need to dispose of the gun, then they will also need to dispose of a holster. An Secret Service document supports the general observation that criminals seldom use holsters. Faulks reckless "accident" likely occurred because he was manipulating an unholstered gun tucked into his waistband. Guns simply tucked into a waistband tend to shift around. They have to be adjusted to keep them secure. It is common for people who carry guns this way to need to adjust them, so they will not fall out of their pants.

The vast majority of legal gun carriers use holsters. The disadvantages of holsters for criminals are not relevant to a legal gun carrier. The numerous advantages of holster carry become clear.

Three thrift store employees overpowered a robber who was wielding a
shotgun in Long Island — including a woman who grabbed the weapon and
beat the robber about the head with it, cops and witnesses said Sunday.

The 45-year-old left his car running and came out to find a 17-year-old attempting to steal the car, according to a release from the city. He fired his weapon toward the 17-year-old to "stop the offender from running him over with his vehicle."More Here

Police at some point, Fshaikat grabbed a handgun and shot it into the ground. A business owner next door believes the manager was protecting his employees

"I know the Metro guy, we all work around here. He is super cool; wouldn't do anything unless he was provoked," Stefanie Conway said.

Police say Fshaikat was arrested because there was too much time between the attack and shooting. Three of the other four men have been questioned. A fourth is still on the loose. The investigation is ongoing.

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Background

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” -- Thomas Jefferson

Syndicated columnist Charley Reese (1937-2013): "Gun control by definition affects only honest people. When a politician tells you he wants to forbid you from owning a firearm or force you to get a license, he is telling you he doesn’t trust you. That’s an insult. ... Gun control is not about guns or crime. It is about an elite that fears and despises the common people."

The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles -- Jeff Cooper (1920-2006)

Note for non-American readers: Crime reports from America which describe an offender just as a "teen" or "teenager" almost invariably mean a BLACK teenager.

We are advised to NOT judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics.

Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)

First to fight for right and freedom,
And to keep our honor clean

It is of course the hymn of the USMC -- still today the relentless warriors that they always were.

The intellectual Roman Emperor Marcus Aurelius (AD 121-180) said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

How much do you know about Trayvon Martin? Did you recognize him in the picture above? If not you may need to know more about him. It's all here (Backups here and here)

“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” -- Robert A. Heinlein

After all the serious stuff here, maybe we need a funny picture of a cantankerous cat